164 results for 'filedAt:"2024-03-14"'.
J. Garcia finds that the appellate division properly dismissed efforts by unionized lifeguards to enforce provisions in their union constitution that provide seasonal members the right to vote and run for office. Precedent does not apply to purportedly unlawful union conduct when joint and several monetary liability is not sought, but the union local reasonably attempted to interpret the relevant provisions of the constitution in limiting voting to full-time lifeguards. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: March 14, 2024, Case #: 26, Categories: Labor / Unions
J. Gordon McCloud finds that the lower court improperly tossed a 2018 Washington statute that sought to change the method for how the state calculates the wage for workers who worked on a public state project like a new bridge or road. The lower court tossed the new method on the grounds that it conflicted with an older statutory rule that stated the wage data collected could only be used in the county where that work was done. But a full reading of the statutes' exact wording show they do not conflict with each other. The older statute only covers data collection methods, while the new statute covers how wage data from collective bargaining agreements is used to pay public project workers. They apply to two different situations covering a broad and complicated overarching issue, and therefore do not cancel each other out. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: March 14, 2024, Case #: 101997-1, Categories: Employment, Labor
Per curiam, the court of appeals finds that the appellate division improperly dismissed counterclaims in which plaintiff, a New York City "hop-on, hop-off" bus tour, alleged tortious interference and anticompetitive behavior against other such services because the counterclaims adequately alleged other services conspired to impugn plaintiff's reputation to operators of common city attractions and by alleging exclusive relationships constituting nothing more than pretexts for exclusion. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 27, Categories: Transportation, Unfair Competition
J. Cronan dismisses the small businesses' RICO claims against several lenders over an alleged predatory lending scheme disguised as agreements for the purchase and sale of these businesses' future sales receipts. Nothing in the complaint suggests that the defendants, in making the agreements and collecting the debts, acted beyond "the regular affairs of the corporation." However, the businesses' shall be given the opportunity to amend their complaint.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 14, 2024, Case #: 1:23cv1404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Business Practices, Banking / Lending, Racketeering
J. Steigmann finds that the Board properly entered a final order for a set of state-wide standards regulating the storage and disposal of coal ash in surface impoundments, rejecting several energy companies' objections. The Board did not act arbitrarily by adopting a requirement for monthly groundwater monitoring, and by requiring an operator who elects to close an impoundment to remove containment system components such as the impoundment liner and contaminated subsoils. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 14, 2024, Case #: 210304, Categories: Administrative Law, Energy, Environment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Greaves finds for the commissioner of internal revenue in this tax liability dispute because defendant failed to file individual tax returns or pay estimated taxes for the years in question.
Court: U.S. Tax Court, Judge: Greaves, Filed On: March 14, 2024, Case #: 2024-30, Categories: Tax
J. Wesley finds that the district court properly found for a luxury watchmaker accused of trademark infringement for ads containing the term "red gold," which luxury jewelry maker Solid 21 had trademarked more than a decade before, and which had been developed into an amber-hued brand denoting a combination of metals such as gold and copper, because evidence indicated the watchmaker's use of the term in advertisements and catalogues constituted a superior description and fell under fair use. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: March 14, 2024, Case #: 22-366, Categories: Trademark
J. Ludwig dismisses the amended complaint in the consumer's class action alleging Schwans sold frozen pies it falsely advertised as containing real butter. In part because the consumer has failed to allege particular, reasonably misleading actions by Schwans as pertains to the butter content advertised on the pies' packaging, her common-law fraud, breach of warranty and deceptive trade practices claims fail.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to assault and criminal contempt. Defendant contends his sentence was harsh, but the term could have been more severe given that he violated an order of protection for his ex-girlfriend and violently assaulted a good samaritan who tried to help her flee. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 112566, Categories: Sentencing, Assault
J. Saris partially denies a state child advocacy organization’s motion to dismiss claims brought against it by the parents of children who were removed from their custody without a warrant after an emergency room doctor saw that the parents’ youngest child had rib fractures. The parents did not consent to entry of their home and were threatened with force, the children’s pediatrician had no concerns about either of their children and there was plenty of time to get a warrant or court order.
Court: USDC Massachusetts, Judge: Saris, Filed On: March 14, 2024, Case #: 1:23cv10957, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Due Process, Police Misconduct
J. McFadden finds that the trial court properly ruled in favor of the executrix in an action brought by the cousins challenging the validity of the decedent's will and alleging claims of undue influence and lack of testamentary capacity. The cousins failed to show that the decedent lacked the requisite mental capacity when she signed her will. The decedent's attorney and a notary both testified that the decedent was of sound mind when she executed her will. A doctor's affidavit stating the decedent had dementia does not show that she was unable to make a valid will. There is no evidence that the executor took part in planning or executing the will. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0111, Categories: Wills / Probate
J. Golemon finds the trial court properly denied the auto dealer's motion to compel arbitration. The buyer sued the dealer after she discovered that the truck she bought, advertised as new, was not new. The trial court properly found the dealer meant to manipulate the litigation process, prejudicing the buyer, by demanding arbitration after an unexcused 4-year delay, after a trial date had been set, and after the court granted the buyer's motion to compel discovery. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: March 14, 2024, Case #: 09-23-00098-CV, Categories: Arbitration, Commerce, Due Process
J. Dimke dismisses the family member's complaint alleging that the hospital and others prescribed pain medication to the decedent, contributing to her addiction and her eventual death from “the toxic effects of multiple drugs.” The family member does not establish a proper basis for this court to exercise personal jurisdiction over the hospital, because although the hospital and others transmitted prescriptions to Washington pharmacies, the family member does not cite any authority supporting their argument that a prescription transmission to an out-of-state pharmacy at the patient's request is enough to show a purposeful direction.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 14, 2024, Case #: 2:23cv31, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Jurisdiction, Medical Malpractice
[Consolidated] J. Adelman grants summary judgment to the former police officer, the city and others in two of three consolidated lawsuits he faces from the estates of individuals he shot and killed while on duty with the city's police department. In one case involving an individual who was wielding a "decorative sword" and advancing on the officer at the time he was shot, the estate concedes that the officer is entitled to summary judgment. In another in which the officer shot an individual after waking him up from sleeping in his car and, according to video evidence, after the individual reached his hand toward the car's passenger seat where a gun was sitting, the officer's actions were not unreasonable. Arguments for summary judgment in the third case are scheduled for April 9, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Adelman, Filed On: March 14, 2024, Case #: 2:21cv848, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Police Misconduct
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract
J. Rickman finds that the trial court improperly refused to rule in favor of the theme park in a negligence action brought by the patron arising from injuries he suffered when another guest crashed into the back of his go-kart. Evidence showed that the patron had previously ridden the go-kart course and knew that the go-karts sometimes bumped each other. He therefore assumed the risk of his injuries. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 14, 2024, Case #: A23A1463, Categories: Negligence
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
J. Osteen grants an online political strategy firm’s motion for summary judgment following its claim that a multinational investment company failed to pay a third installment on a $900,000 promissory note. This claim comes after the company was recently sued for public corruption for bribing politicians in exchange for governmental decision making power that would benefit the company. The company shows no evidence that it is not obligated to pay the third installment of $300,000 plus interest and attorney fees of $45,000.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:21cv206, NOS: Other Contract - Contract, Categories: Debt Collection, Attorney Fees, Contract
J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by engaging in an unhygienic act upon pushing an unknown liquid from his cell into a hallway. Ample evidence supported the finding, including the inmate's own testimony at the disciplinary hearing that he pushed water from an overflowing toilet out of his cell. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-0181, Categories: Prisoners' Rights
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing a direct order, creating a disturbance, and interfering with an employee by disrupting a large inmate procession to the mess hall because the finding was supported by the misbehavior report and hearing testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-0449, Categories: Prisoners' Rights
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by using a third party to obtain information about a female employee and emailing her personal account because evidence supported the guilty finding on stalking. However, the charge of violating prison correspondence procedures should be annulled for lack of supporting evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: CV-23-1026, Categories: Prisoners' Rights
J. Mortensen finds that the district court improperly terminated a father's parental rights to his two teenage children and granted their adoption by their stepfather. The categorical concern that the children needed stability and permanence was not enough to terminate the father's rights, since they already lived with their mother and stepfather. Though he is incarcerated, he has sought visitation with the children and has not posed any threat of harm to them. And any lack of communication was due to interference by the mother and stepfather. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20230162-CA, Categories: Family Law
J. Shanker upholds the trial court's decision to increase defendant's 72-month sentence for robbery to 84 months after it had to correct and lower his 36-month sentence for attempted robbery to 24 months. The sentence was properly altered in order to maintain the agreed upon 108-month sentence, per the parties' plea agreement. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: March 14, 2024, Case #: 23-CO-0219 , Categories: Robbery, Sentencing, Plea
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: Arbitration, Construction, Contract